Rubin v. Islamic Republic of Iran
Issues
Does 28 U.S.C. § 1610(g) provide a freestanding exception to attachment immunity, which would allow victims of terrorist acts seeking to collect judgment to attach and execute on assets of foreign state sponsors of terrorism regardless of whether the assets are otherwise subject to execution under § 1610?
The issue in the case is whether 28 U.S.C. § 1610(g) provides a freestanding exception to attachment immunity or only eliminates Bancec’s presumption of separate status for a foreign state and its instrumentalities, without altering the criteria for overcoming immunity contained in other provisions of § 1610. Section 1610(g) is part of the Foreign Sovereign Immunities Act, under which foreign sovereigns are presumed immune from suits and attachment. Jenny Rubin, a U.S. citizen injured in a Hamas suicide bombing in Jerusalem, argues that § 1610(g) provides a freestanding exception to attachment immunity because an interpretation subjecting § 1610(g) to the other provisions of § 1610 creates unresolvable inconsistencies within the statute and significantly limits the reach of subsection (g). Iran counters that § 1610(g) does not provide a freestanding exception to attachment immunity because subsection (g) can still be given its intended effect even when subjecting it to § 1610’s other provisions. Iran further argues that the clearest interpretation of subsection (g) is that it merely eliminates the Bancec presumption. From a policy perspective, this case is significant because it could improve the ability of terror victim judgment-creditors to collect judgments from a terror-sponsoring sovereign that is refusing to pay, and it will affect uniformity between U.S. and many other nations regarding attachment immunity laws.
Questions as Framed for the Court by the Parties
Whether 28 U.S.C. § 1610(g) provides a freestanding attachment immunity exception that allows terror victim judgment creditors to attach and execute upon assets of foreign state sponsors of terrorism regardless of whether the assets are otherwise subject to execution under section 1610.
Petitioner Jenny Rubin (“Rubin”) is one of eight U.S. citizens who were injured in a Hamas suicide bombing in Jerusalem in September 1997. Rubin v. Islamic Repubic of Iran, 830 F.3d 470, 473 (7th Cir.
Edited by
Additional Resources
- Elliot Kaufman, U.S. Victims of Terrorism Take Tehran to Court, National Review (July 6, 2017).
- Evan Weinberger, Supreme Court Will Take Up Iran Artifacts Case, Law360 (June 27, 2017).